TBI Legal & Ethical Considerations Flashcards

Informed consent for treatment is complex in TBI because of which primary challenge?

Answer: Fluctuating or impaired decision-making capacity due to cognitive and consciousness deficits

Cognitive impairment and altered consciousness in TBI can render a patient temporarily or permanently incapable of providing informed consent.

When a TBI patient lacks decision-making capacity, which legal instrument designates someone to make healthcare decisions on their behalf?

Answer: Durable power of attorney for healthcare (healthcare proxy)

A durable power of attorney for healthcare designates a surrogate decision-maker who can act on behalf of an incapacitated TBI patient.

In TBI personal injury litigation, neuropsychological testing is used primarily for which purpose?

Answer: Objective documentation of cognitive deficits for disability or damages claims

Neuropsychological evaluations provide objective, standardized documentation of cognitive impairment supporting legal claims for damages in TBI cases.

Which ethical principle is most challenged when a TBI patient in a minimally conscious state is unable to communicate end-of-life preferences?

Answer: Autonomy — the patient's right to self-determination cannot be directly exercised

Autonomy requires that patients direct their own care, which becomes impossible when disorders of consciousness prevent communication of preferences.

The Glasgow Outcome Scale (GOS) is used in TBI legal and clinical contexts primarily to measure what?

Answer: Functional outcome and disability level following TBI for prognosis and legal damages

The GOS classifies TBI outcomes from death to good recovery, providing a standardized functional outcome measure used in research, clinical care, and legal proceedings.

Mandatory reporting requirements relevant to TBI most commonly apply to which situation in the US?

Answer: Suspected child abuse causing TBI — clinicians are mandatory reporters

Healthcare providers are mandatory reporters of suspected child abuse, and abusive head trauma (shaken baby syndrome) is a leading TBI cause in young children.